Fatal Accident Claim
Claims involving the death of a loved one are one of the most emotionally stressful and upsetting cases Irwin Mitchell deal with. While no amount of money can ever fully compensate you for the loss of someone special, it can help to ease the financial burden’s that can arise in these tragic situations.
Some facts about fatal accident claims
There are some limitations when making a fatal accident claim and seeking compensation under civil law. In most cases, there is no element of punishment for the defendant as this aspect is dealt with by criminal law. In most cases for civil compensation the defendant will carry insurance and their policy will pay the amount awarded to you if your claim is successful.
At Irwin Mitchell we are only too pleased to discuss your claim for compensation, and will advise you on possible outcomes and the best way to proceed.
Fatal accident claims are normally split into two parts:
The first part of the claim focuses on compensation for the pain and suffering up to the date of death. This part of the fatal accident claim also includes damages to compensate for the financial losses you may have accrued between the date of injury and the date of death, as well as funeral expenses.
The second part of the claim is that brought under the provisions of the Fatal Accidents Act 1976 and focuses on dependants of someone who dies as a result of any wrongful act or negligence. You may seek compensation for the loss of financial support if you are a dependant, e.g. surviving spouse or co-habitant, children or parents, grandchildren or grandparents.
Compensation is awarded for the loss of the victim's support since his or her death. This consists of the portion of the deceased's contribution to the family earnings which would have been spent on others, the home and other outgoings, together with compensation for any services that the victim provided, such as childcare, domestic assistance, gardening or DIY. This is usually called the dependency claim and a statutory sum for bereavement is also usually payable to the spouse of the deceased or to the parents of a deceased minor.
Our team has extensive knowledge of all types of fatal accident claims. If it can be proved that you’re a third party is responsible for the fatal accident, Irwin Mitchell Solicitors can help make your case for a fair and just compensation package.
Do I have to appear in Court?
Whilst most fatal accident claims can be settled without the need for you to appear at a court hearing, it may be necessary to commence formal court proceedings. Starting a court case will invariably help and protect your position for the duration of the fatal accident claim. Irwin Mitchell has an enviable track record and national reputation for fast, effective resolutions – most of the proceedings are dealt with by paperwork and the majority of our cases end without the need for a full hearing.
If you would like to make a fatal accident claim, simply complete our fatal accident claim form and we will contact you to discuss your case further.